73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 101
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Department of Transportation and Office of
  Regulatory Streamlining)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to approach roads; creating new provisions; and amending
  ORS 374.313.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 374.313 is amended to read:
  374.313. (1)   { - When - }  { +  If + } the Department of
Transportation closes an approach road for which a permit was
issued under ORS 374.310 or  { + that was allowed by law prior to
enactment of statutory permit requirements for approach roads, or
if the department + } denies an application for an approach road
permit submitted pursuant to a grant or reservation of access
contained in a contract, condemnation judgment or recorded deed,
and the closure or denial is not the result of conditions
contained in a contract, condemnation judgment, recorded deed or
permit, a person holding an interest in the real property
benefited by the access or proposed access may file a claim for
relief as a contested case under ORS 183.415 to 183.500.
  (2) Prior to issuing a final order in a contested case under
subsection (1) of this section, the Director of Transportation
may provide the opportunity for the parties to participate in
mediation consistent with the applicable provisions of ORS 36.185
to 36.210. In any alternative dispute resolution proceeding, the
director may authorize administrative remedies, including
monetary damages or other relief, as determined by the department
by rule, to address issues related to real property value,
utility or use.
  (3) In any proceeding under this section, any party may cause
an appraisal of the subject property to be conducted. If the
difference in value between a property owner's claim and an offer
of monetary compensation by the department is less than $30,000,
the director shall provide a simplified procedure for resolving
the claim. The cost of conducting an appraisal may be shared by
the parties when a mutually acceptable appraiser can be
identified.
  SECTION 2.  { + The amendments to ORS 374.313 by section 1 of
this 2005 Act apply to approach roads closed on or after the
effective date of this 2005 Act. + }
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Enrolled Senate Bill 101 (SB 101-INTRO)                    Page 1
 
 
 
 
 
Passed by Senate February 21, 2005
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 24, 2005
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 101 (SB 101-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2005
 
Approved:
 
......M.,............., 2005
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2005
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 101 (SB 101-INTRO)                    Page 3